The Sun. — London, England, 1809-03-02 00:00:00

peped that in such cases the assignees Weenie bank rupts themselves, and their' the creditors of the first banl;rePtcy would of course come in t but for a very stiiitil .proportion . of the sums due to them. To re medy•this evil.various plans had been proposed, among them was one by a highly respectable autho rity, which had been introduced during thelast Ses sion in the House of Lords in the shape of . a TheattWitte of that plan -was, to infild penalties on .aslgnees who. kept the . money of bankrupts. in theikhands, and tea appoint a great, many officers for the pUrpoSe of seeing those penalties strictly en ierced. ,Ta hini it appeared that a melioration ~ e f the law, in this respect, was more easy. As the law at present stood, creditors were enjoined, at their second meeting, to appoint a bank for the de posit of the bankrupt's property ; but ifg no penal ties were inflided an assignees for not making those deposits, the consequence Vt'l9; that they ;frequemly neg!tded too so. The remedy which he meant to suoggeit was thisi that if the creditors at ibeir second meeting did not appoint a bank; in which the bank, rupt'S property should be deposited, it should be' itri 7 perat ive on t he Oommissioners to appoint such a bank; and that, if after that appointment the assignees re tamed the bankrupt's money in their iiands, it should be imperative on the commissioners to charge the assignees.2o per, cent. for the money so kept by them. The:next defect to which he wished to ad yeti, was the great expence attending proceedings under a commission of . bankruptcy. In all actions brought by assignees;: the proving of the debts, and' many other preliminaries were frequently contested without any ground fur objection, and those contests ,were produ6tive o(considerable expenees. Fie should propose, :to avoid-the necessity of this expence in most cases, by providing,' that in all actions brought by assignees, 'notice should be given by the defend woether or not he meant to conteSt any one of those points to which he had alluded ; and that if he (141, and should fail in establishing his case, the as signees should be entitled to recover costs. Instead of adiOns'against - assignees for not paying dividendi, he meant to pupae the substitution of petitions to the Lortl ChancellOr. The alteration to which he should next call the attention of the House, was o,ne of greater importance than any he had hitherte mentioned'; it was. to remedy a deled, attended with the most serious and general evils. In a feW words, it was to take from the creditor the power which, by the present system,' be t ptYsSessed, of re fusing to sign the certificate of the bankrupt. The* si tom iota of 4n iincertificated bankrupt was utast deplor, able. He was unable to exercise his industry in the acquirement of property. His labour And his taletits cou'd be exerted for the benefit of his creditor alone. But whet was a. still greater hardship, he was liable to be imprisoned for debts due before the period of his bankruptcy. Prier to the Statute of the sth Geo. 111, the power of refusing ton bankrupt his certifi cate was not entrusted. to,a creditor, but was vested in the Lord Chancellor alone, who was to decide from a view of all . the circUinstances of tie Case. ! -- tut by the Statute'd .the &tb of GeO. 111. it was cleactLd, unless a:, bankrupt coold:'Obtain . the 01)sent of four-films of his creditors in nut ber and iii value, lie abould not be entitled to his 'certificate, however just his condo& mightbave been, and ever his b4pkrnptcy might have been occasioned by inevitable Misfortune. 1,-lc n many, cases had of.:- Glared in Which:the ‘‘.ill ofa sing,ie creditor had pre- Nented a bankrupt :from obtaining his.certificate, if his debt was so large as to amount to four-fifths of the whole stpn rate. But 'this was not the only hardship attending a bank; upt.under such circum Stances. Since the Statute of the sth 91 Gco. !IL it . bad been 'understood under some law, the origin of which - lie knew not, that any creditor, by pur posely keeping away from, the conunissions alttige=, tiicr, might withhold his ‘sent from the certificate,' and might subsequently imprison the bankrupt, and keep him in confinement the whole of his life. He was not aware that this part of the subjc& involved the tonsidctittion of the policy of imprisonment for debt. at all; he was also aware, afterthe occurrences of list Session, that it would be wasting his own- time, 4nd that of the Ho e, to press the expediency of Uthiii oning that policy at the present moment but cuuiu not reliant Iron) declaring it as his opinion, that a greater Service,could never be rendered to the community than would be rendered by that man who shook' find means to abolish the sy,tetu of itu. pr;somnent Icrr debt altogether, a system most .fatal to tile interests and to`the happiness of society. In the 7 'ease which he had iti6t, submitted to the cons'. deratiou of. the Hotise, it wits peculiarly obnoxious. The Creditor watorade a judge . inflis own cause, pa. nislimont otrun fell when guilt never existed. A. , bankrqt-was.frerinently imprisoned, not Air with butdiog..his properly, but because he bad no property to snriender., . Sometimes stick .a proceeding wa s . just, tnit most frequently highly.unjust. In roost . eitfAl it was tropvihible 'dr the : :Uankrupt to pay ilitisc after dens Inds. Jr) - Most cases it Was ot . ..wily.. impossible for pay them, klUless he 104 done' mat, for which, .if he did .dco 1014 wai forfeited by the laws-111)1cm he, had - , se.- creted his properiy.:--arid . yet he was imprisoned for not paying thern ! •Wh:tt were the consegnencei of this systetn—frequently.. the gratification of the most base and rnali l ;nant passions ; and the revenge ot an envious competitor. had often been satiated .by, the how konment for:life of this unfortuOate The ihjtutice this practice would be more a pp s . rent, if it were. comidcred, that paradoxical as it tnigin-setrm, it' was not the less true, that in general v v .; titicates were withheld from the honest bankrupt, a4l granted to the fraudulent one. They were fre quently withheld for the purpose of extorting from bans rapt and from his friends, that property -o..tnen the sanction of the law forbade the bankrupt himself' to poises's, and which a son—a brother—or .a. fat her could_ probably not:advance wit boitt n vol v ing: himself in. det I • trUction., ►1 here was another cis - ,cornstance which held ;out a strong temptation, to the bankrupt not to make 3 fUll disclosure of his fleas : it was thisthat until a bankrupt obtained in. 7 icertificato his evidence eoj.dd not be received . its any in which his own estate, was concerned, al,d he was thereby Prevented, its, many instances; from deelaringtO the Commissioners that a Cri4itc.) wan, about to` prove a larger debt than that to,whfch he was' nth . .tally entitled. In order to skew .the hoW large' a proportion of bankrupts failed nt t o ;Aaining certitiiptes, he would read to them a Cal cotation that ,hu Made. on the subject. In the • y 4.," t dQ55,:940 counissionsof bankruptcy bud been remain- obtained their certificates ; in 489 they had ed uncertificated. In the year 1806, 1084 commis siOns of bankrupts had been taken out ; In 483 of these cases the bankrupts had obtained their certifi cates ; in Got they had remained uncertificted , e--• During the.. last 'twenty years, 1G,202 commissions of bankrupts•had been taken out; iu 6.597 'of these cases, the bankrupts never ; obtained their epriih • cates. This an enormous evil. It mightper , - - haps be asked; had no remedy been r applied Temporary remedies, and therefere• inefficient re 7 medieshad been applied. In. Great Britain twice; once in the year 1772, when a Clatise was introduc-• ed into the Insolvent Aft, by which it was provided, that: ail uncertificated bankrupts Should be dischorg: ed from any further:claims upon them, unless their creditors could prove that their bankruptcies were fraudulent. In 1778, a similar Legislative enacfl7 • mitt took pine. These were the only two instances • that had occurred in this country, and they proceed ed en a princip'e to him incomprehensible. If it were unjust in 1772 or in 1778, that an "uncertifi cated bankrupt should remain at the mercy of his . creditors,' surely it was unjust at any other time,; unleis it was supposed that some change in the at tuosphere took place, by which the creditor was better entitled to be judge in his own cause at one period than at another.. In a lreland these temporary expedients had been most frequently resorted to., Measures similaeto those adopted in Great Britain bad, received the sand on of the Irish Patliament iii the years 1786, 1797, 1719; and 1800. Towards, the conclusion of that period, however,,it appeared that the evil was so great as . to compel the Irish Legislature to apply . biennial, and ultimately annual remedies. The proposition which he wished to submit to the House, was, not fo take from the, "creditor the power of withholding his signature on the bankfupt's certificate, but to declare, 'that if, two years atter his examination, the bankrupt's. certificate should , not be signed by tour-fifths of his creditors, the bankrupt should then petition the Lord Chancellor to have his certificate signed, giving to his creditors an opportunity of submitting to his' Lordship the grounds on which he thought that his consant should be withheld. He was avvire that one objection might arise to this proceeding, viz. that it would•be•attended with considerable expellee. •But it was -his • intention to suggest that•stich a pro ceexiing should be exempt from the .payment of the stamp duties. •In fati, he entertained great doups on the expediency of imposing any tax whatever on law•proceedings. He was pretty well convinced,. :that, with the exception of Lotteries, there was no mode of increasing the revenue so injurious to the interests of the people. He knew that this was not a 'popularsentiment, but that was' only, beCaose'• the subjed had not been duly considered. But if there were any case in which the obtaining of justice Should. be rendered as easy . : as . pbsSible, surely it ought to be the case to which he hadalluded; and • in which the obje& of the individual concerned, was a struggle 'to get . Imo 'a sitiiatiOn it which his in- . dustry might be available to - lihnself and all aroutd hint. This was the only park of the Bia•which should have the honour tosubmit to the House, that he intended to bear a retropeaiVectkrraaer. He meant. • to prOpoie',"'illat 'all those unCe'rfificated bankrupts, • -who i at the esetit moment, tilid peaked their eia minationabove two. years. sigAld'be entitled'.fd . too Of the nacasnre. He might, perhaps, is asked if he had nothing to propos& against distion4- ty, anti to avert the 'increasing evilot fraudulent 'bankruptcies. His Parliamentary experience ren 'dered hint apprehdosive that he had not ally thing to propose on this suhjeCt to , which . , the H ous e wou ld accede, for, in his owll,opinion, The , Oily Mode , Of rendering the I.lw more e___;:acctis would be to . rert= d en i t l ess s ev e re. He fit mly.believed that the ount-ber 'of fraudulent bankruptcies that had occurred was r attribtitable to the forfeiture at lite, whi c h the law declared shnuid be the punishment of the con cealment of a bankritpt's property. Within the last twelve years' there had been upwards of sixteen thousand bankruptcies.• 'there could be no doubt that of these 'there were many cases the bankrupts concealed their property; and. Yet . from • the year 1732, .when the statute by which the pun . . islunent of death •wa; decreed for haroffence, a pe riod ref above . •.-i'ghty yenrs,' only three prosecutiOini had been instituted. In one of these, - which took pine in 1769, and in only one, a man had been con- Nieted,and executed.; In another, which occurred a , 'few yelp ago, the sane of Bullock, the bankrupt had i been cotivicted, but on grounds certainly improper;' ,those grounds having been represented to his Ma jesty; his Majesty had *en graciously plea se d to ex tend his Baiyal mercy to the culprit. No stronger. instance of the, hietticacy of such a severe punish- Meat could' be adduced. . And really, 'wh en t he • amount 01 moral guilt in. such a proceeding was con sidered, it was not wondeiliti that frequent evasions of 'the law took place. ,A bankrupt did not volun wi!y.gift up his property to his creditors, and de- Clare to sponlaneotisly, that if they would ex amp( him from claim, they should .have all lie had •in title world. It was taken 'from him by toree.-- . - :4lthough he, didoot deny the criminality which at= tathed to n bankrupt who , withheld, his property: ' . fro'in his creditors, he did not perceive in what such, anaa diflered from that of the person in high rank, , who availed himself of that-rank to avoid the just claims' of his cre:ditors, and to expend the property with which his debts ought to be liquidated itt lux-: • •ury and dissipation. And 'yet such a man was termed a Mary .of honour L ., . , -.Having . thus briefly 'stated the objeds whinh he was desirous of effeel ing, and feeling that the measure which he had the honour to propc?se was of a,very important nature, , he did not by any means Wish to hurry the House • in the consideration of" it. If he might be permitted to bring the Bill in, anti to haVe it elite read, he should then wove (after its having been printed) to - defer the second reading - to a distant day. Rut still he should be unwilling to - make that a very distant day; not above z month hence, for instance. He should be very sorry, indeed, if the Bill were not passed earlyenorigh to enable persons to avail them- • st,ives of its provi;.iiol)B before the ensiling long vaCil. 11011. Willi a viuw.to urge the -House.to.avoid un- • necessary di..1.1y, be: urged ' the great importance of U. • irtnd; .such a till been passed at' the I , connoCncentent of .the, present reign, • how 'Much' misery , L'otilft have been averted ! What number .Of individuals WOuld . 60 have obtained wealila and protrably have devoted' that wealth to purposes of national' advantage, who had been compelled to re- hearts were now broken with aflliEtion, which would have beat high with exultaticßat hikjog47,, joined the Station in society which they formbrlt poscleised,.,at having been enabled—tqJepay to their juit creditor's those sums of whigh their misfortunes had deprived them"' The Hdli7BaKill'et condo:red a most feeling and'impresiive speech by moviog for leave to bring in a Bill to alter and amend the 13;:ok rupt'Laws..--• - • Mr. II: MARTIN seconded the motion. Leave was granted. The Cord Distillation Prohibition Bill, and the Irish Spirit Suspension'Exportation.Bill, were read a third time, and passed. On the.motion of Mr. HUSAISSONi it wai ordered 'that the Honk should to-morrow.resolve itself into a Committee, to consider the APRs relating to the Drawbacks' on Sngat.—Adjourned. Duz—x7Gottenburgh,. * Matra, i Dublin, 3 Wat=nd, , PRICE OF STocKs THIS. DAY AT . TtVaLvg o'cLocx. Consols .. - 67141 Red. Ann. - EI E, S U N. SOLIIM QUIS DICIRS VALSUM i.cazAT . L 0 N 1) 0 N, THURSDAY, MARCH 2, 1809, THE BREST FLEET. WE,are happy to have it in our power this day to communicate to our Readers some furper parti culars., of a most satisfat9ory nature respeaing the French Fleet. When Cdpt: DUNDAS of the Naiad, was- leaving Basque Roads, with the account of the arrival of the French Fleet there, he observed Ad- miral StopPottp, wi,hl the line-of-battle Ships, chase the three French Frigatei belonging to the Fleet, close under the batteries of Sables D'ollonne, It heavy tire was *immediately . opined upon the Enemy, which was kept up without intermission during the whote time that the Naiad was in sight of theta: •We are happy to add that very san- guine hopes are entertained, that. when' Sir JOHN DUtfi. - VVOltTleti Squadron joins that d ot Admiral SrorteoßD, the French Fleet may be either captured or:destroyed,' as they cannot get into Rochefort cvithoLit taking out all Their guns, and indeed it will bp necessary that the larger Ships should also' be lightened of their Stores, ' . Sir JOIIN DUCKWORTH was . 'delached by Lord GANILLEIt, with the greater part . of the Channel Fleet, ,to reinforce Admiral STOPFORD, and we have no doubt that a junaion has already taken place.--Aduliral Lord GAMBWt, in the Calvdonia, basarrived its Cawsand. Bay., . Sir SIDNEY SMITH is corning home from the Bra zils, and Admiral .Da,CObUCY is to succeed him in 'the command op that station. Last night Dutch and' French Papers, the former to the t gth and the latter to the 17th, reached town. They contain the . thirty-second. BUlletin of the French Army, and an account of the entry of JQSEPH BUON APARtE . into Madrid. • The. Bulletin gives the detail of the surrender of Ferrol to the French. that event took place on the 537th of January,. It, appears that,at Fermi a 5 well as at Madrid, the people were disposed to resist the French to the utmost, but that they 'Were betrayed by their , Military and Naval Commanders.: :Great exertions; it is said, • are mak ing to equip the Naval force id that Port, .s.tiich , consists ofeight Sail of the Line and three Frigates, and Admiral OnREGEN, who had been put under arrest some time before the arrival of , the 'Trench, . has been placed at the head of the Naval*Depart went. A considerable share of abuse is .of course lavished upon . the English, and our Troops, Who' were a short time since represented by BuobrApAR.TE al being superb and well disciplined, 'are' now iie , . Scribed as being brutalOntemperate, Sic. The entry . of Jos. BUONAP A ItTE into Madrid, which took plavq on the eed inSt. is described in the French Papers with great pomp. .His Majesty, however, with proper and commendable caution; took care to have his.. Bo o, Person guarded by a. very _considerable military force. The streets through which he passed to the Church of St. Isidore were lined with Troops, and large detachruents were placed in.ditreient parts of the City. At the Church of'St. Isidore a scene impioni mockery took place. JOiENII, in an 'Address to the PersOns who were , preSent, used the following expressions I prot'est, then, BEFORE GOD,' who knows the hearts of all, that it is my duty and conscience which induce inc to mount the Throne, and not my own private incliniltioti.l.; I am willing to sacrifices my own happiness, because I tAink you have need of me for the re-establishment of your 4 ! ! !" Neither the Bulletin nor the Freticit Papers.con , :ain one tiptd rit3peang the prrygelis a' the Fiench Saragossa; we way therefore safely infer that 800- 4APARTE had nothing satisfasaory to cornmanicate on either of these points. Yesterday, about two o'Clock, His MAJE :TY hula a private Levee, at the Queen's PJlace, w.,ich ‘‘ as attended by --The-ArehNshv of Canterburki - the Lotd Chancellor; 4687 Lord President of the Council, the, - Lord Privy Seal, the Pint Lord of the Treasury, the Master-General df the Ord mince, the First Lord of the Admiralty, the President of the Board of Teade, the three Secretaries of State, the Chancel lor of the Exchequer, the Lord Chamberlain, the Lord Steward of the.Huusehold, the Bishop of Oxford, the Spa nish Ambassadors, the Duke of Montrose, Marquis of Sligo; Earls Percy. Whichelica, Dartmouth, Aylesford, Bathurst; r K.eturiarc, Morton, and Londonderry.; Viscounts A/ ant wurtil (in waiting), and Castleross ; Lords Brownlow and Heath neld (gold stick);' Sir T. Gage and j Heard; Generals Wards, Desney, Harcourt, and Manningharn ; .Colonels 6i= ' ley and Walktr ; Captains Walmer, Dillon, and Elliot; , and Mr. Fawkener. Thefollowing bad the honour of being presentGd . - ' , to his trIAASTY $ Don Pedre dc Cevallos, Ambassador Extraordinary from ;:le. Supreme junta of Spain, seta in the name or his Catlio7, liclSlojesty, by Mr. Canning, his Majesty's Principal Seere. tary ut State for Foreign A tbirs, and concluded by Golonci Chester the Deputy Master of the CerenioniSi . upon Which occasion has Excellency had an, audience of his Majesty,.!and • delivered his credentials, and he was must graciously received. Lieutenant-Colonel Ellay, Assistant Adjutant.Genelal to • the Cavalry, upon his return from Spun. Viscount - Castleross, upon his coming clime, by his Whet, the Earl of Kenn - ire. The Marquis of Sligo, upon coming to 'his title and the • peerage. , ' . , C it o u l . a r . 'alker, ache S ot}* regiment, it pon his return front po , . .-: Earl Percy, by the Earl cd1;11;•crPool. Captain D'Oyley, of the ist Regiment of Foot Guards, , Aid-de-Camp to Brigadier General Ursnev, upon his return 'from Spain. .. . . . Sir T. Gage, upon'his marriage, by the Earl of Kentnare. Major:Gen. Mannm ham, upon his return front SPIVI. Brigadier Gen. Disney, upon his return troin, $O 4l. Major Gen. Henry Wattle, upon his return from Spain. • The Bishop'of OXFoRD presenfed his MAJ ESTY with. his Sermon preached belore the House of Lords, on the Fast-day, in Westminster 'Abbey. HIS MAJESTY held a Privy Council, at which Lord BROwNLOW wits intrUduced, and sworn in Lord Lieutenant of the County of Lincoln. His MAJESTY gave audiences to the Duke of PORTLAND, and the rest of the Cabinet Ministers present. • It was understood Admiral APODACA, the late Spanish Ambassador took leave tit Iiti).VIAJssTY. Yesterday Don PEDItO DE CPA ALLOS, AtrthasSadOC . Extraordinary from the Supreme Junt4 of Spain, acting in the name of his Catholic Majesty, was in-. traduced to her MAJESTY, at her 'Mace, by the Earl of MORTON, • her Chamberlain, and conducted by Colonel CHRsTER, the Deputy Master oftpe Cere•' monies . . His Excellency delivered his : Creldentielet • . and was most graciously received. , The Countess 0 1 Pamilamtc•Was in waiting upon the occdsion. Yesterday the Prince of WALES, Dukes of Your, CLARENCE, KENT, COMEERLAND,,and CArottioott, visited their MAJESTIES and the PRINCESSES. . Yesterday the Srmatin AmaAssAvolea' -servants attended at the Palau, with the National Cockade in their bats. Yesterday the Cabinet MillStOrS dined h Eat CASIDEN, at his house in Arlington-street. Ilear-Admiral Sir ELIAB HARVEY left to wn y e,te" day for Plymonth, to proceed from thence to l o in his ship, the St. George, of 9 8 gims,' which is . W itu Lord OAMDIBR. It is with extrema pleasure . wp state, ant an el" press has beet, received' from Admiral ,Wnrrgithn• at Cork, with the news of the ,sate arrival of the olt John transport, with several. officers and wen na board. The John was one of the trimspoits in Geo. SnaainooK's expedion--=She was the only one ini" • sing; and great apprehensions Were entertained for her safety, p she parted inl a very violent gale 01 wind. Among the officers on board .was the Hon. Ca - 0. Hoop, son of Lord 'HOOD. Yesterday' being St: David': b iy, the -Society of Anclent Briton's • attended Divine SerVice at St. Ann's, where prayers were 'read' in lho Welch language, and-an excellent -sermon preached by the Rev. Mr. BUSFIEI.I3. The company pro' ceedeo thence to the Ciown and Anchor - where an elegant dinner:. wis provided for i(jo, served .up in the most .exeellent style. In the absences of Lord.Krax.wALr., Sir -OswALD MOi•LET in the Chair. After the Cloth was lell.K.VcC; AO nobs Domini was sting *itkg ( eat, applause.--4lia KIN °, the Quesm, the Prince and Princess of WALES, and several loyal and : patrithic towns wed .given. In. the : course_ of; _the . , evening, MI Jcioi Es entertained ,t he company with-several popular Wetch airs upon, the Harp. 'rite meeting was very ni t '. : cuckoos- After dinner a lialidsiiine Collection Wo 4 made, for the pv.:-po3e of educating and cloathing a 'number of boys nod girls belonging to V s,r el cli paiexito. • The Sloop Helena, Captain Wotan, \arrived at Cove, on Tuesday se'nnight, from the West J4O. We understand that on her paviage Kad the gdnd fortune to tall in with; and capiiire a French lirig, bound frOm France ,to Martinique, with a co' able quantity of specie on board. - INDIA Hotisa.—Yesterclay a Court of Dire or : was held, when t he under-mentioned Comu'„hltur took leave of. the 'Court, preii ous t o deP"rire" ~,,n e their •reve6tive' destinations , Ciey Llndon ; Cai)t. JA Mi' MuititA't Devoniltire ; and Capt. RD COENETT s Cast le 1.41e1 , 1 ' 14' Madras and Be nga l : C apt. BENJAMIN RLCHAr',I; sow, llbion, tor Chi na di rect. T hu Court ad-Purl/- at six o'clock, till to. morrow. The magnificent estate, as it has been e'' lied ' which the Prince made a present of to Sir S. "1'111; and which th e Papers have estimated •at 7000. - year, turns out to be a. mere Casino of two roOls 3s s in which the:gallant Admiral can juSt accotoruoda o a small patty • ro.ditmer. .When the French, on the Bth of January; at tacked part of our line, about three in the aftertl°° . ! and 'drove i n our s ki rm i s he rs , Ca pt ai n ItottE lo ,: thought our m en h a d retired too hastily, and in lying them on to the attack, they catne into till. midst of about 60 or 70 of the Enemy,. malt ° whom our g a ll a n t conntrynten killed.ln the CO9: 114'1 Captain RoliEars shot the French Cotuthao ing Officer, but, in returning his pistol, receivet t` ; ' o balls through his•right hand 7 two passed through hi s cloak, and one through his brittle rein. The old .Stocks in Poitugal-street have been i e " pai• ed, by (;:der of the Magistrates, and now' wit; rogiles ..and vagabonds are in future to do pet•Rio l.33 in them. • •